In Re: Estate Pistorius [1914] ZATPD 74 (30 June 1914)

P and his wife executed a joint will appointing the survivor sole and universal heir of the first-dying subject to the children's portions being ascertained by valuation, and these portions being paid to them on majority in lieu of paternal or maternal inheritance. A codicil was subsequently added by the testators which provided that if a certain farm should not be entirely sold by the survivor and if certailll three of the heirs should wish to purchase it or the unsold remainder, "the farm or the remaining portion that is not yet sold is sold to them for thesum of £150."
The survivor entered the farm in the liquidation and distribution account assold in terms of the codicil for £150.
Held, that the codicil did not deprive the children generally of their share in the farm as provided for under the will but that it only directed thede volution of the farm if it remained unsold at the death of the survivor and after it liad been taken into account as a portion of the general estate.